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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. From May 21, 2009 to July 6, 2009, the Plaintiff asserted that the Plaintiff worked as English instructor at D Driving Schools located in Songpa-gu Seoul, Songpa-gu, Seoul, upon receiving monthly salary of KRW 2.2 million. The Defendant notified the Plaintiff on July 6, 2009, on the date of the dismissal without giving notice of dismissal 30 days prior to the dismissal. Thus, the Defendant is obligated to pay the Plaintiff the reduced amount of KRW 1.4 million, which was reduced by taking into account the Plaintiff’s negligence at ordinary wages of KRW 220,000,000 for 30 days under the Labor Standards Act.
2. Determination: (a) When an employer intends to dismiss a worker (including dismissal for business reasons), he/she shall give the worker an advance notice at least 30 days in advance; and (b) when an employer did not give an advance notice 30 days in advance, he/she shall pay ordinary wages for at least 30 days in advance (Article 26(1) of the Labor Standards Act); (c) a person who is a monthly wage worker and for whom six months have not yet passed in advance is not subject to the application of the advance notice (Article 35 Subparag. 3 of the Labor Standards Act); (d) the Plaintiff’s period of service is one month and less than six months, and thus, the Plaintiff’s claim for
[Plaintiff did not argue that the pre-announcement of dismissal does not apply to the Plaintiff who was a monthly paid worker and for whom six months have not yet passed, while the court of first instance alleged that it was against the principle of pleading. However, it is apparent in the record that the Defendant asserted the above purport in the preparatory document dated August 12, 2013 at the trial. Thus, the Plaintiff’s above assertion is rejected.]
3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.